34 U.S.C. § 10211 — Training and manpower development

Page 62 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10211 1 So in original. Probably should be ‘‘officers,’’. ‘‘an assessment of the impact of such activities on meeting the purposes of part A’’ for ‘‘an assessment of the impact of such activities on meeting the needs identified in the State strategy submitted under sec- tion 3753 of this title’’ in par. (1). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2006 AMENDMENT Amendment by Pub. L. 109–162 applicable with re- spect to the first fiscal year beginning after Jan. 5, 2006, and each fiscal year thereafter, see section 1111(d) of Pub. L. 109–162, set out as a note under section 10151 of this title. TRANSFER OF FUNCTIONS Effective Aug. 1, 2000, all functions of Director of Bu- reau of Justice Assistance, other than those enumer- ated in section 10142(3) to (6) of this title, transferred to Assistant Attorney General for Office of Justice Pro- grams, see section 1000(a)(1) [title I, § 108(b)] of Pub. L. 106–113, set out as a note under section 10141 of this title. SUBCHAPTER VI—FBI TRAINING OF STATE AND LOCAL CRIMINAL JUSTICE PER- SONNEL § 10211. Training and manpower development (a) Functions, powers, and duties of Director of Federal Bureau of Investigation The Director of the Federal Bureau of Inves- tigation is authorized to— (1) establish and conduct training programs at the Federal Bureau of Investigation Na- tional Academy at Quantico, Virginia, to pro- vide, at the request of a State, unit of local government, or rail carrier, training for State and local criminal justice personnel, including railroad police officers; (2) develop new or improved approaches, techniques, systems, equipment, and devices to improve and strengthen criminal justice; and (3) assist in conducting, at the request of a State, unit of local government, or rail car- rier, local and regional training programs for the training of State and local criminal jus- tice personnel engaged in the investigation of crime and the apprehension of criminals. Training for rural criminal justice personnel shall include, when appropriate, effective use of regional resources and methods to improve coordination among criminal justice personnel in different areas and in different levels of government. Such training shall be provided only for persons actually employed as State police or highway patrol, police of a unit of local government, sheriffs, and their deputies, railroad police officer,1 and other persons as the State, unit of local government, or rail carrier may nominate for police training while such persons are actually employed as officers of such State, unit of local government, or rail carrier. (b) General authority of Attorney General over Director In the exercise of the functions, powers, and duties established under this section the Direc- tor of the Federal Bureau of Investigation shall be under the general authority of the Attorney General. (c) Training programs for State and local per- sonnel at Federal Training Center Notwithstanding the provisions of subsection (a), the Secretary of the Treasury is authorized to establish, develop, and conduct training pro- grams at the Federal Law Enforcement Training Center at Glynco, Georgia, to provide, at the re- quest of a State or unit of local government, training for State and local criminal justice per- sonnel provided that such training does not interfere with the Center’s mission to train Fed- eral law enforcement personnel. (d) Rail carrier costs No Federal funds may be used for any travel, transportation, or subsistence expenses incurred in connection with the participation of a rail- road police officer in a training program con- ducted under subsection (a). (e) Definitions In this section— (1) the terms ‘‘rail carrier’’ and ‘‘railroad’’ have the meanings given such terms in section 20102 of title 49; and (2) the term ‘‘railroad police officer’’ means a peace officer who is commissioned in his or her State of legal residence or State of pri- mary employment and employed by a rail car- rier to enforce State laws for the protection of railroad property, personnel, passengers, or cargo. (Pub. L. 90–351, title I, § 701, as added Pub. L. 98–473, title II, § 609A(a), Oct. 12, 1984, 98 Stat. 2090; amended Pub. L. 106–110, § 1, Nov. 24, 1999, 113 Stat. 1497.) Editorial Notes CODIFICATION Section was formerly classified to section 3771 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Another section 701 of Pub. L. 90–351, title II, June 19, 1968, 82 Stat. 210, enacted sections 3501 and 3502 of Title 18, Crimes and Criminal Procedure. PRIOR PROVISIONS A prior section 701 of title I of Pub. L. 90–351, as added Pub. L. 96–157, § 2, Dec. 27, 1979, 93 Stat. 1198, contained Congressional statement of purpose for training and manpower development, prior to the general amend- ment of part G of title I of Pub. L. 90–351 by Pub. L. 98–473. Another prior section 701 of Pub. L. 90–351, title I, as added Pub. L. 94–430, § 2, Sept. 29, 1976, 90 Stat. 1346, pro- vided for payments of Public safety officers’ death ben- efits and was classified to former section 3796 of Title 42, The Public Health and Welfare, prior to the general amendment of title I of Pub. L. 90–351 by Pub. L. 96–157. AMENDMENTS 1999—Subsec. (a)(1). Pub. L. 106–110, § 1(a)(1), sub- stituted ‘‘State, unit of local government, or rail car- rier’’ for ‘‘State or unit of local government’’ and in- serted ‘‘, including railroad police officers’’ before semicolon at end. Subsec. (a)(3). Pub. L. 106–110, § 1(a)(2), substituted ‘‘State, unit of local government, or rail carrier’’ for ‘‘State or unit of local government’’, ‘‘State or such unit’’, and ‘‘State or unit’’ and inserted ‘‘railroad po- lice officer,’’ after ‘‘deputies,’’. Page 63 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10221 Subsecs. (d), (e). Pub. L. 106–110, § 1(b), (c), added sub- secs. (d) and (e). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 12, 1984, see section 609AA(a) of Pub. L. 98–473, set out as a note under section 10101 of this title. TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and li- abilities of the Federal Law Enforcement Training Cen- ter of the Department of the Treasury to the Secretary of Homeland Security, and for treatment of related ref- erences, see sections 203(4), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. EMPLOYMENT OF ANNUITANTS BY FEDERAL LAW ENFORCEMENT TRAINING CENTER Pub. L. 107–206, title I, § 1202, Aug. 2, 2002, 116 Stat. 887, as amended by Pub. L. 109–295, title IV, Oct. 4, 2006, 120 Stat. 1374; Pub. L. 110–161, div. E, title IV, Dec. 26, 2007, 121 Stat. 2068; Pub. L. 110–329, div. D, title IV, Sept. 30, 2008, 122 Stat. 3677; Pub. L. 111–83, title IV, Oct. 28, 2009, 123 Stat. 2166; Pub. L. 112–74, div. D, title IV, Dec. 23, 2011, 125 Stat. 966; Pub. L. 113–6, div. D, title IV, Mar. 26, 2013, 127 Stat. 364; Pub. L. 113–76, div. F, title IV, Jan. 17, 2014, 128 Stat. 266; Pub. L. 114–4, title IV, Mar. 4, 2015, 129 Stat. 59; Pub. L. 114–113, div. F, title IV, Dec. 18, 2015, 129 Stat. 2509, provided that: ‘‘(a) The Federal Law Enforcement Training Center may, for a period ending not later than December 31, 2018, appoint and maintain a cadre of up to 350 Federal annuitants: (1) without regard to any provision of title 5, United States Code, which might otherwise require the application of competitive hiring procedures; and (2) who shall not be subject to any reduction in pay (for annuity allocable to the period of actual employment) under the provisions of section 8344 or 8468 of such title 5 or similar provision of any other retirement system for employees. A reemployed Federal annuitant as to whom a waiver of reduction under paragraph (2) applies shall not, for any period during which such waiver is in effect, be considered an employee for purposes of sub- chapter III of chapter 83 or chapter 84 of title 5, United States Code, or such other retirement system (referred to in paragraph (2)) as may apply. ‘‘(b) No appointment under this section may be made which would result in the displacement of any em- ployee. ‘‘(c) For purposes of this section— ‘‘(1) the term ‘Federal annuitant’ means an em- ployee who has retired under the Civil Service Retire- ment System, the Federal Employees’ Retirement System, or any other retirement system for employ- ees; ‘‘(2) the term ‘employee’ has the meaning given such term by section 2105 of such title 5; and ‘‘(3) the counting of Federal annuitants shall be done on a full time equivalent basis.’’ ANNUAL OUTSTANDING STUDENT AWARD Pub. L. 107–67, title I, Nov. 12, 2001, 115 Stat. 516, and similar provisions authorizing the Federal Law En- forcement Training Center to use gifts of property for authorized purposes, including funding of an annual gift to the outstanding student who graduated from a basic training program at the Center during the pre- vious fiscal year, were transferred to a note set out under section 464 of Title 6, Domestic Security. TRAVEL AND SUBSISTENCE EXPENSES OF STATE AND LOCAL LAW ENFORCEMENT OFFICERS ATTENDING MEETINGS, COURSES, ETC., AT FBI NATIONAL ACAD- EMY Pub. L. 99–500, § 101(b) [title II], Oct. 18, 1986, 100 Stat. 1783–39, 1783–48, and Pub. L. 99–591, § 101(b) [title II], Oct. 30, 1986, 100 Stat. 3341–39, 3341–48, provided that: ‘‘Not- withstanding section 1345 of title 31, United States Code, funds made available to the Drug Enforcement Administration in any fiscal year may be used for trav- el, transportation, and subsistence expenses of State, county, and local law enforcement officers attending conferences, meetings, and training courses at the FBI Academy, Quantico, Virginia.’’ FEES TO PROVIDE TRAINING FOR STATE AND LOCAL LAW ENFORCEMENT OFFICERS AT FBI NATIONAL ACADEMY; PROHIBITION; REIMBURSEMENT Pub. L. 99–500, § 101(b) [title II, § 210], Oct. 18, 1986, 100 Stat. 1783–39, 1783–56, and Pub. L. 99–591, § 101(b) [title II, § 210], Oct. 30, 1986, 100 Stat. 3341–39, 3341–56, provided that: ‘‘The Director of the Federal Bureau of Investiga- tion and the Administrator of the Drug Enforcement Administration shall not establish and collect fees to provide training to State and local law enforcement of- ficers at the FBI National Academy. Any fees collected for training of State and local law enforcement offi- cers, which occurred at the National Academy on or after October 1, 1986, shall be reimbursed to the appro- priate official or agency. In addition, the Director of the National Institute of Corrections shall not estab- lish and collect fees to provide training to State and local officers which was not provided on a reimbursable basis prior to October 1, 1986.’’ SUBCHAPTER VII—ADMINISTRATIVE PROVISIONS § 10221. Rules, regulations, and procedures; con- sultations and establishment (a) General authorization of certain Federal agencies The Office of Justice Programs, the Bureau of Justice Assistance, the Office of Juvenile Jus- tice and Delinquency Prevention, the Bureau of Justice Statistics, and the National Institute of Justice are authorized, after appropriate con- sultation with representatives of States and units of local government, to establish such rules, regulations, and procedures as are nec- essary to the exercise of their functions, and as are consistent with the stated purposes of this chapter. (b) Continuing evaluation of selected programs or projects; cost, effectiveness, impact value, and comparative considerations; annual per- formance report; assessment of activity effec- tiveness; suspension of funds for nonsubmis- sion of report The Bureau of Justice Assistance shall, after consultation with the National Institute of Jus- tice, the Bureau of Justice Statistics, the Office of Juvenile Justice and Delinquency Prevention, State and local governments, and the appro- priate public and private agencies, establish such rules and regulations as are necessary to assure the continuing evaluation of selected pro- grams or projects conducted pursuant to sub- chapters V, XII, XIII, XIV, and XX, in order to determine— (1) whether such programs or projects have achieved the performance goals stated in the original application, are of proven effective- ness, have a record of proven success, or offer a high probability of improving the criminal justice system; (2) whether such programs or projects have contributed or are likely to contribute to the improvement of the criminal justice system and the reduction and prevention of crime;